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MORKEN v. KOLTZ

Court of Appeals Case No. 23A-PL-295.

216 N.E.3d 1186 (2023)

Kay E. MORKEN, Appellant-Defendant, Third-Party Plaintiff v. Michael L. KOLTZ, Appellee-Plaintiff, Third-Party Defendant.

Court of Appeals of Indiana.

Filed August 11, 2023.

Attorney(s) appearing for the Case

Attorneys for Appellant: Jason M. Kuchmay , Snyder, Morgan, & Kuchmay, LLP, Fort Wayne, Indiana, James A. Federoff , Federoff Law, LLP, Fort Wayne, Indiana.

Attorneys for Appellee: Maggie L. Smith , Darren A Craig , Frost Brown Todd LLP, Indianapolis, Indiana.

Case Summary

[1] After years of disagreement over an easement on his property, Michael Koltz sued his neighbor, Kay Morken, seeking a declaratory judgment, an injunction, and damages. After Morken successfully defended against the claim, she sought attorney's fees under Indiana Code section 32-30-6-7, which addresses nuisance...

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